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Allahabad High Court

HARDEV SINGHversusS.P.E./C.B.I. DEHRADUN

Decided

Holding

The appeal is abated and dismissed upon the death of the sole appellant.

Summary

The appellant, Hardev Singh, filed a criminal appeal (No. 3212 of 2018) before the Allahabad High Court. During the pendency of the appeal, counsel for the appellant informed the court that Hardev Singh had died on 16 October 2022. The Chief Judicial Magistrate, Agra, issued a report on 9 September 2026 confirming the appellant's death. The court considered whether the death of the sole appellant would affect the continuance of the appeal. It held that the death of a party in a criminal appeal results in the abatement of the proceedings. Consequently, the appeal was dismissed as abated. The order was pronounced by Justice Vikram D. Chauhan on 24 September 2026.

Issues considered

  • Does the death of a sole appellant in a criminal appeal cause the appeal to abate?

Subjects

  • criminal appeal
  • abated proceedings
  • death of appellant
  • procedural law
  • High Court of Allahabad

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                      CRIMINAL APPEAL No. - 3212 of 2018

                                    Hardev Singh
                                                                                              .....Appellant(s)
                                                                     Versus

                                    S.P.E./C.B.I. Dehradun
                                                                                            .....Respondent(s)

                                    Counsel for Appellant(s)      : Abhishek Misra
                                    Counsel for Respondent(s)     : Rahul Srivastava, Gyan Prakash(Senior
                                                                    Adv.)

                                    Court No. - 55
                                                     HON'BLE VIKRAM D. CHAUHAN, J.

                                    By order dated 21.8.2026, living status report of the sole appellant-
                                    Hardev Singh was called for as learned counsel for the appellant has
                                    informed that the sole appellant has died on 16.10.2022.

                                    As per the report of Chief Judicial Magistrate, Agra dated 9.9.2026, the
                                    sole appellant-Hardev Singh has died.

                                    Accordingly, the present appeal stands dismissed as abated.



                                                                                    (Vikram D. Chauhan,J.)
                                    September 24, 2026
                                    Bhaskar




Digitally signed by :-
BHASKAR
High Court of Judicature at Allahabad


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